Article 1: CONTRACT PARTIES
This Contract was signed between;
SELLER residing at the address: Akçaburgaz Mah. Hadımköy Yolu 3047. Sok. No:2 34500 Esenyurt KIRAÇ / İstanbul
TETAŞ İÇ VE DIŞ TİCARET A.Ş
BUYER: End User (Customer) on the other side.
Article 2: SUBJECT
The subject matter of this contract is the determination of rights and obligations of the Parties in accordance with the provisions of the Regulation on the Principles and Procedures for the Implementation of the Law No.4077 on the Protection of Consumers and the Distance Contracts regarding the sales of the electronic item the BUYER orders on www.e-tetas.com website of the SELLER and which has the qualifications specified in the contract and which are specified in Article 1.3 and 1.4 in terms of their content, sales price and delivery conditions. BUYER accepts and declares in accordance with the Contract hereby that he/she knows about all the preliminary information and the right of withdrawal including basic characteristics, sales price, payment method, delivery conditions etc. of the products subject to sale, and that he/she confirms such preliminary information in the electronic environment and has ordered the product afterwards. The preliminary information and invoice at www.tetas.com is an integral part of this contract. Upon ordering, the BUYER shall be deemed to have accepted all the terms of this contract.
Article 3: DELIVERY of PRODUCT, CONTRACT LOCATION AND WAY OF DELIVERY
The product shall be delivered to the BUYER by the cargo company’s authorized agent through whom the BUYER has requested the delivery.
Article 4: DELIVERY COSTS AND PAYMENT
For deliveries outside Istanbul, the delivery costs shall be borne by the BUYER. If the seller declares that the delivery fee of those who have ordered products above the stated amount shall be covered by the SELLER in the web site, the cost of delivery shall be borne by the SELLER. In the event that the BUYER is not at his/her address at the time of delivery, the SELLER shall be deemed to have fulfilled his/her performance fully and completely. For this reason, ALICI also pays the damages incurred due to the fact that the BUYER has received the product late and the expenses incurred due to the fact that the cargo is waited at the cargo company and/or is returned the seller. The delivery is made as soon as possible after the stock is available and the product price is paid to the bank account of the SELLER. The SELLER will deliver the product within 3 (three) days from the order and reserves the right to extend the additional 2 (two) days by written notification during this time. SELLER is obliged to notify the BUYER if it is unable to deliver within the term of the contractual product due to unusual situations such as stockpiling and similar situations of commercial impossibility, unexpected situations, force majeure or adverse weather conditions hindering the transportation, disconnection of transportation. A signed copy of this contract must be delivered to the SELLER for the delivery of the contract product and the price must be paid in the form of payment preferred by the BUYER. If for any reason the product is not paid for or is canceled in bank records, the SELLER shall be deemed to be free from the obligation to deliver the product.
Article 5: REPRESENTATION AND COMMITMENT OF THE BUYER
The BUYER shall check the contractual product before receiving the product, and shall not receive the lump, broken, ripped package, etc. and the damaged and defective product from the cargo company. The product received shall be deemed to be undamaged and sound. After the delivery, the product must be carefully protected by the BUYER. If the right to withdrawal is used, the product should not be used and the invoice must be returned. If the original invoice is not sent, the BUYER cannot be refunded VAT and other legal obligations. The delivery price of the product returned for withdrawal purposes shall be paid by the SELLER. If the bank or the financial institution does not pay the product price to the SELLER due to the fact that the credit card of the SELLER is used unauthorizedly or unlawfully by the unauthorized persons due to a fault not arising from the SELLER after the delivery of the product, the BUYER shall be liable to return the product to the SELLER within 3 (three) days provided that the product is delivered to the BUYER. In this case, delivery costs shall be borne by the BUYER. In addition, the BUYER agrees that the delivery made to the address declared by the BUYER and to a person who is available during the delivery shall be deemed as a delivery made to the BUYER.
Article 6: REPRESENTATION AND COMMITMENT OF THE SELLER
The SELLER is responsible for ensuring that the contractual product is sound, complete, in conformity with the specifications stated in the order and delivered with warranty documents and manuals, if any. If the contractual product is to be delivered to another person/organization from the BUYER, the SELLER cannot be held responsible because the person/organization to be delivered does not accept delivery. The SELLER undertakes that the BUYER has received the product without taking any legal or punitive liability and without any justification or has the right to withdraw from the Contract by rejecting the product within 7 (seven) days from the date on which the contract is signed or takes the product back as of the date when the notification of withdrawal is delivered to the seller or supplier. The SELLER shall return the price of the product and the valuable documents, if any, in 7 (seven) days after receipt of the notification of withdrawal itself. The SELLER shall take the product back within 7 (seven) days. SELLER can supply a product with equal quality and price to the BUYER for the justified reasons before the expiration of the contract period. If the SELLER thinks that the delivery of the product becomes impossible, he/she shall notify the SELLER before the performance period expires. In this case, the BUYER may exercise one of the rights to cancel the order, to replace the contractual product with an equivalent product, and/or to postpone the delivery period until the removal of the obstacle. If the Buyer cancels the order, the price paid and, if any, the documents shall be returned within 7 (seven) days. Defective or damaged products among the ones which are sold with or without a certificate of guarantee can be sent to SELLER for the necessary repairs within the guarantee conditions and in this case delivery costs shall be covered by SELLER.
Article 7: PROPERTIES OF THE CONTRACTUAL PRODUCT
The type, Quantity, Brand/Model, Color and Sales Price including all taxes are as indicated in the bill, which is considered as an integral part of the contract and the information contained in the product introduction page of the website www.e-tetas.com. Seller is not responsible for price updating errors due to technical reasons.
Article 8: CASH PRICE OF PRODUCT
The cash price of the product is included in the invoice.
Article 9: CASH AMOUNT
The cash amount of the product is included in the invoice
Article 10: PAYMENT PLAN
The BUYER accepts, declares and undertakes that due to the fact that futures sales are made only with the credit cards of the Banks, he/she shall confirm the related interest rates and the information about the default interest from the bank and that the provisions related to interest and default interest shall be applied within the scope of the credit card agreement between the Bank and the BUYER. In the installment transactions, the relevant provisions of the Contract signed between the BUYER and the cardholder bank shall apply. The date of payment of the credit card shall be determined by the agreement between the bank and the BUYER. The BUYER may also follow the installment numbers and payments from the bank statement.
Article 11: RIGHT OF WITHDRAWAL
The BUYER may use the right of withdrawal within 7 (seven) days from the delivery of the contractual product to himself/herself or to the person/organization indicated. For the exercise of the right of withdrawal, the Seller shall be notified by fax, e-mail or telephone within the same period of time.
Article 12: PRODUCTS NOT SUBJECTED TO RIGHT OF WITHDRAWAL
Products that cannot be returned due to their nature, include the products that decay and expire quickly, disposable products and all kind of copyable software and programs. In addition, all kinds of software and programs, media products (DVD, DIVX, VCD, CD, MD, BLUE-RAY, etc.), computer and consumables (toner, cartridge, tape etc.) and cosmetic products can be returned within the scope of the right to withdrawal, provided that their packaging is unopened, undamaged and unused.
Article 13: DEFAULT AND LEGAL RESULTS
The BUYER goes into default on his/her credit card transactions, he/she shall pay interest under the credit card contract that he/she has made with the bank and shall be liable against the bank. In this case, the concerned bank may apply for legal remedies; may charge the future costs and the legal expenses from the BUYER and if the BUYER goes into default due to the debt of the BUYER, the BUYER agrees to pay the loss and damage of the SELLER due to the delayed performance of the BUYER.
Article 14: AUTHORIZED COURT
In disputes that may arise from this contract, Consumer Arbitration Committees up to the value announced by the Turkish Ministry of Industry and Trade as well as the Consumer Courts in the settlement locations of the SELLER and the BUYER and the Courts of First Instance shall be authorized in places where the Consumer Court is not available.
Article 15: ENFORCEMENT
In the event of payment for the order placed on the site, the BUYER shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements that will not allow to order on the site without the consent that the BUYER has read and accepted the Contract.